                                 CODE OF VIRGINIA

ENFORCEMENT; CIVIL PENALTIES (§ 9.1-216)

A. A manufacturer or other person who knowingly sells or offers for sale
cigarettes other than by retail sale in violation of &#xA7; 9.1-210 shall be
subject to a civil penalty not exceeding $100 for each such pack of cigarettes
sold or offered for sale, provided that in no case shall the civil penalty
assessed against any such person exceed $100,000 for sales or offers for sale
during any 30-day period.

B. A retailer who knowingly sells cigarettes in violation of &#xA7; 9.1-210
shall be subject to a civil penalty not exceeding $100 for each pack of such
cigarettes sold or offered for sale, provided that in no case shall the civil
penalty assessed against any retailer exceed $25,000 for sales or offers for
sale during any 30-day period.

C. Any person who violates any other provision of this chapter shall be subject
to a civil penalty of not more than $1,000 for the first violation. The civil
penalty for each subsequent violation shall not exceed $5,000.

D. A manufacturer who knowingly makes a false certification under &#xA7; 9.1-211
shall be subject to a civil penalty of at least $75,000 and not exceeding
$250,000 for each false certification.

E. A civil penalty may be assessed by the Director only after the Director has
consulted with the State Fire Marshal and has given the manufacturer charged
with making such a false certification an opportunity for a public hearing.
Where such a public hearing has been held, the Director shall make findings of
fact and issue a written decision as to the occurrence of the violation and the
amount of the penalty that is warranted, incorporating, when appropriate, an
order therein requiring that the penalty be paid. Any hearing under this section
shall be a formal adjudicatory hearing in accordance with the Administrative
Process Act (&#xA7; 2.2-4000 et seq.). When the person charged with such a
violation fails to avail himself of the opportunity for a public hearing, a
civil penalty shall be assessed by the Director after the Director determines
that a violation has occurred and the amount of the penalty is warranted and
issues an order requiring that the penalty be paid.

F. The Director may collect civil penalties that are owed in the same manner as
provided by law in respect to judgment of a court of record. Such civil
penalties shall be paid into the Cigarette Fire Safety Standard and Firefighter
Protection Act Fund referenced in subsection F of &#xA7; 9.1-211 and used in
carrying out the purposes of this chapter.

HISTORY: 2014, cc. 370, 418.